Threatened Species Scientific Committee AGENDA 39th Meeting Commencing: 9am Wednesday 3 June 2009 Venue: s22 Canberra 1 WELCOME 2 MINUTES OF PREVIOUS MEETINGS s22 3 WORKPLANS s22 4 PECUNIARY INTERESTS AND/OR CONFLICTS OF INTEREST 5 CORRESPONDENCE 6 DEVELOPING THE PPAL FOR THE ASSESSMENT PERIOD COMMENCING 1 OCTOBER 2009 s22 7 SPECIES s22 Page 1 of 3 In-Confidence 8 KEY THREATENING PROCESSES s22 9 ECOLOGICAL COMMUNITIES s22 10 RECOVERY PLANS (TERRESTRIAL) s22 10.3 Decision to have a Recovery Plan – some issues s22 (Late paper) s22 Page 2 of 3 In-Confidence s22 11 RECOVERY PLANS (MARINE) s22 12 THREAT ABATEMENT PLANS s22 13 OTHER ITEMS s22 Page 3 of 3 Flag 2.1 Threatened Species Scientific Committee MINUTES 39thMeeting – 3-5 June 2009 s22 Present Threatened Species Scientific Committee Associate Professor Bob Beeton (Chair) Dr Guy Fitzhardinge Dr Gordon Guymer Professor Peter Harrison Dr Bill Humphreys Dr Rosemary Purdie Dr Andrea Taylor Dr John Woinarski Associate Professor Keith Walker Department of the Environment, Water, Heritage and the Arts Ms Robyn Kruk Ms Kerry Smith s22 Mr Mark Flanigan s22 s22 s22 Other s47F s47F Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 1 Flag 2.1 Agenda Item 1 WELCOME The Chair welcomed Committee members and Departmental officers to the meeting. 1 – All members The Chair noted the items to be tabled and outlined the running order of Agenda Items. s22 2 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 3 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 4 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 5 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 6 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 7 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 8 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 9 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 10 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 11 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 12 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 13 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 14 s22 7.6 – All members Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 15 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 16 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 17 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 18 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 19 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 20 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 21 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 22 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 23 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 24 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 25 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 26 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 27 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 28 s22 10.3 Decision to have a Recovery Plan – some issues The Committee noted issues associated with the Recovery Planning Action Commenced 10.3 – All members and Not Commenced Lists. The Committee noted practical outcomes of these lists to date is producing adverse consequences of rushed plans and activities that would probably be best directed to other 10.3 – All members high priority areas to achieve conservation outcomes. The Committee agrees to the proposed actions and approach to rectify these issues. 10.3 – All members The Committee agrees to amended Recovery Planning Action Commenced and Not Commenced Lists for recommendation to the Minister for publication and encourages the 10.3 – All members Department to review lists to ensure efficient and effective ways to advance conservation. The Committee noted that a proposal, including timetable, to effectively manage the 10.3 – All members passage of outstanding recovery plans on the Commenced List will be presented for the Committee’s consideration at the next TSSC meeting. The Committee noted with the amendments of the legislation the avoidance of issues such as this is important in achieving conservation outcomes and therefore recommends 10.3 – All members that the consequences of the transitional arrangements between the Endangered Species Action DEWHA Protection Act and original EPBC Act and the amended Act of 2006 be drawn to the Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 29 Flag 2.1 attention of Dr Hawke with a suggestion that a legislated remedy might be better than relying on the Acts Interpretation Act and traditional transitional arrangements. In agreeing to endorse the recommendations, the Committee noted that, while the 10.3 – All members amendments to the EPBC Act and ensuing processes to implement them were well Action DEWHA intended, they were detracting from good conservation outcomes. s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 30 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 31 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 32 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 33 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 34 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 35 s22 13.5 - All members Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 Action DEWHA 36 s22 Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 37 s22 Close of Meeting The Chair thanked Committee members and Departmental staff for a successful meeting. All members I declare, on behalf of the Committee, that these Minutes are a true and accurate record of the meeting. s47F Associate Professor Bob Beeton AM FEIANZ Chair Minutes of the 39th Meeting of the Threatened Species Scientific Committee 3-5 June 2009 38 UNCLASSIFIED Page 1 of 3 DEPARTMENT OF THE ENVIRONMENT, WATER, HERITAGE AND THE ARTS Minister for the Environment, Heritage and the Brief No: B09/1778 Arts (Decision) Division/Agency: AWP,~~-.":., ,• Public Affairs Cons ,$1:::'N'o',_. ~. \ i ~~ ~:';'~ ';:'; /"~'::~ " ' ISSUES REGARDING DECISIONS TO HAVE A RECOVERY PLA~( 1 ';',;; ,~u: \\~>,K,., .. \;:)~!-"; ',; ':,' " Timing: Within 90 days of receiving this advice - although earlier approval will allow-sonta.> - recovery plans to proceed for adoption under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Purpose: To seek your agreement to resolve outstanding administrative matters concerning decisions to have/not have recovery plans for threatened species and ecological communities. Background: • Previously under the EPBC Act recovery plans were required for all listed threatened species and ecological communities. • Following amendments to the Act in 2007, you are now required to make a decision about whether or not a recovery plan is required for each species or community. • As provided for by the transitional provisions of the Environment and Heritage Legislation Amendment Act 2006 (EHLA Act), species or communities that did not have a recovery plan in place at the time of the amendments were placed on either the Recovery Planning Action Commenced List (if they had a plan in preparation) or the Recovery Planning Action Not Commenced List. These are referred to here as the Commenced List and the Not Commenced List. • Species or communities on the Commenced List were deemed to have had a decision to have a recovery plan. • Each species or community on the Not Commenced List was required to have a conservation advice in place by 31 December 2008, with this requirement having been met. • In addition, for each species or community on the Not Commenced List, the Threatened Species Scientific Committee (TSSC) was to provide you with a recommendation about whether to have a recovery plan and you need to make this decision within 90 days of receiving the TSSC's recommendations. • Section 269AA of the EPBC Act describes your obligations for deciding whether to have recovery plans for listed threatened species or ecological communities and subsection 269AA(3) requires you to have regard to the recommendanons made by the TSSC in making initial recovery plan decisions for such entities. • The TSSC has now considered whether recovery plans are needed for all entities with outstanding decisions and agreed to the recommendations below being put to you. • Under subsection 269AA(9) of the EPBC Act, you must publish a decision whether to have a recovery plan and the reasons for it.